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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 2,579 Documents
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PELAKSANAAN HAK ANAK DIDIK PEMASYARAKATAN UNTUK MENDAPATKAN PENDIDIKAN DAN PENGAJARAN DIKAITKAN DENGAN WAJIB BELAJAR 9 TAHUN DI LEMBAGA PEMBINAAN KHUSUS ANAK (LPKA) PEKANBARU Erick Van Lambok S. Sialagan; Erdianto Effendi; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Protege correctional supposed to get an education and teaching are the same as children in general is good and quality even though the child's status is prisoners. In this case the implementation of education and teaching in the Special Children's Development Institute (LPKA) Pekanbaru is not maximized. The research objective of this thesis, namely: First, the implementation of the rights of the students correctional to get an education and teaching associated with the compulsory nine years at the Institute for Development of Special Children (LPKA) Pekanbaru, Second, Obstacles encountered in the implementation of education and teaching, Third, efforts made in overcoming obstacles in the implementation of education and teaching.This type of research can be classified in this type of sociological juridical research, because this research author directly conduct research on the location or point examined in order to provide a complete and clear picture of the issues examined. This research was conducted at the Institute for Development of Special Children (LPKA) Pekanbaru, while the sample population is a whole party with regard to the issues examined in this study, the data source used, primary data, secondary data and data tertiary, technical data collectors in research this interview, questionnaire and literature study.From the research there are three main issues that can be inferred. First Instance, exercise of the right of education and instruction for inmates at Pekanbaru LPKA has been attempted as possible by interested parties. Shape the implementation of education and teaching given to students correctional just a hanky (Study Group) Package A, Package B, Package C and education skills in the form of courses sewing and weaving. Second, Obstacles encountered in the implementation of education and teaching is limited educators, inadequate infrastructure, lack of budget allocation and lack of cooperation with the relevant authorities. Third, efforts made in overcoming barriers to implementation of diversion, that the provision of sufficient and adequate educators, improve infrastructure, increase the budget allocation and maximize cooperation with the relevant authorities. Suggestions Author, First, the implementation of education and teaching should be carried out with maximum and must comply with the applicable curriculum at educational institutions are equal, Second, Party LPKA should provide a solution as soon as possible in order to fulfill the rights of the students correctional education and teaching can be received with a good, third, efforts made LPKA Pekanbaru to immediately be implemented.Keywords: Implementation - Rights - Learners Corrections - LPKA.
PELAKSANAAN PENGAWASAN TERHADAP ORANG ASING DALAM RANGKA PENCEGAHAN TINDAK PIDANA OLEH INTELIJEN KEAMANAN KEPOLISIAN RESORT KOTA PEKANBARU Wira Paska Lismer Simamora; Erdianto Effendi; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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The presence of foreigners in Indonesia, especially in Pekanbaru not only gives positive influence but also gives negative influence in the form of many illegal immigrants, and commits a crime. The purpose of writing this thesis, namely; First, Oversight of Foreigners in the Framework of Prevention of Crime by Security Intelligence Police Resort Pekanbaru City. Second, Obstacles Encountered Monitoring Foreigners In Order To Prevent Crime By Intelligence Security Police Resort Pekanbaru City. Third, the Efforts In Control Of Foreigners In Order To Prevent Crime By Security Intelligence Police Resort Pekanbaru City.This type of research can be classified in the type of sociological juridical research, because in this study the authors directly conduct research on the place studied in order to provide a complete and clear picture of the problem under study. This research was conducted at Pekanbaru Resort Police Resort and Immigration Office Class I Pekanbaru, while population and sample are all parties related to the problem studied in this research, data source used, primary data, secondary data and tertiary data, data collection technique in This research is by observation, interview and literature study.From the results of research problems there are three main things that can be concluded. First, the of Oversight of Foreigners in the Framework of Crime Prevention by Security Intelligence Police Resort Pekanbaru City, that the supervision of foreigners in the city of Pekanbaru less than the maximum due to lack of coordination with relevant agencies such as first class immigration office Pekanbaru. Second, Barriers in Oversight of Foreigners in the Framework of Crime Prevention by Security Intelligence Pekanbaru Police Resort is a limitation of security intelligence personnel, Lack of knowledge in foreign languages, and Lack of coordination with immigration. Third, Efforts to Address Barriers in Oversight of Foreigners in Crime Prevention by Security Police Intelligence Resort Pekanbaru City, by conducting a union with Immigration, National Narcotics Agency where suspected illegal immigrants. Suggestion Author, Firstly, It is expected that security intelligence unit Pekanbaru City in supervision of foreigners is increasingly coordinated with related institutions such as: 1st class immigration office. Second, It is expected that members of security intelligence unit of Pekanbaru Police Resort added to be more optimal in carrying out the task. Third, It is expected that police coordination, first class immigration office of Pekanbaru and related institutions and the important role of the community in supervising foreigners.Keywords: Implementation-Supervision-Crime-Foreigner
ANALISA YURIDIS TERHADAP PRAKTEK PERSAINGAN USAHA TIDAK SEHAT DALAM LELANG JASA YANG DILAKUKAN OLEH PT. CHEVRON PACIFIC INDONESIA Rendra Fitra Adinata; Firdaus '; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Decision of the Business Competition Supervisory Commission, the alleged infringing on a STRONG Namely PT. PT Chevron Pacific Indonesia facilitated. NIS, PT. Avia, PT. Shandy, PT. Jacolin, PT. Freshklindo, and PT. Yogi Pratama Mandiri to review organize the auction winner Dan Indications are horizontal conspiracy BETWEEN PT. NIS, PT. Avia, PT. Shandy, PT. Jacolin, PT. Freshklindo, and PT. Yogi Pratama Mandiri, hearts Form of Agreement for a review determines the winner.The problems of this research there are two: First, how the practice of unfair competition in the auction services performed by PT. Chevron Pacific Indonesia? Second, whether the act of making Letters of Understanding and Statement of Director of PT. NIS categorized fraudulent act or acts of unfair competition are reviewed by Law No. 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition ?.The conclusion of this research there are two, namely, first, PT. Chevron Pacific Indonesia as Committee 2008 melaksakan auction or cleaning services / cleaning service meiliki No. 2 packages Package I: 5453-XK and No. Package II: 5454-Xk and of the evaluation was selected the All 6 PT (PT.CPI, PT. NIS , PT. Avia, PT. Shandy, PT. Jacolin, PT. Freshklindo, PT. Yogi). Where they had violated Article 22 of Law No. 5 of 1999 and perform the elements of unfair competition Article 1, item 6 of Law No. 5 of 1999. Second, action is the making of a collective agreement that is carried to the six bidders in within the PT. CPI is an act of unfair competition, it is set in article 4 of Law No. 5 of 1999. And a statement of the director of PT. NIS can not be categorized with cheating, because the contents of the letter it is claimed have capital if PT. NIS is given the opportunity to choose a package auction PT. NIS will choose Package 5454-XK (Tassel-Minas). Suggestions from this study is the first, Better Business Competition Supervisory Commission in implementing some conjecture whether this allegation is a fraudulent act, tort or dishonest act must be clear and have a solid legal basis and surely. Secondly, It should be an improvement in the system of rule of law and persaingaan Invite against unfair business practices, because too much confusion with the interpretation of the elements of unfair competition itself.Keywords: Unfair Competition-Auction Services-PT. Chevron Pacific Indonesia
Kekuatan Hukum Surat Kuasa Membebankan Hak Tanggungan (SKMHT) Sebagai Dasar Pembebanan Hak Tanggungan Dalam Perjanjian Kredit) Perdana, Ilham Dedi; Bachtiar, Maryati; Hendra, Rahmad
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Article 15 paragraph (3) and (4) of Law No. 4 of 1996 on Mortgage has stated that, the Power of Attorney Imposing Mortgage (SKMHT) over land rights that have not been registered shall be followed by the manufacture of the Deed Granting Mortgage Not later than 3 (three) months after the given, and the Power of Attorney Imposing Mortgage (SKMHT) over land rights that has been registered shall be followed by administration of Mortgage Deed no later than 1 (one) month after awarded. The fact that happened on the field many of the parties that do not register SKMHT be APHT which the registration deadline has been set by UUHT.The purpose of this paper are: first, to determine the legal effect of SKMHT that is not registered with APHT manufacture, secondly, to determine the binding force of the Power of Attorney Imposing Mortgage (SKMHT) in credit agreements.Type of this research can be classified in this type of normative research, normative research is a law research literature. Because it makes the literature as the main focus in this research. In a normative legal research has criteria for this type of research is research that discusses the general principles of law, the data source used, primary data, secondary data, and the data tertiary data collection techniques in this study by the research literature or study documents.From the research problem there are two main things that can be inferred. First, if SKMHT not yet been registered into APHT then the debtor may extend the term of SKMHT with a record of paying with jumblah very big, because if SKMHT not be registered as APHT then SKMHT the void that would result in the creditor does not have preferential rights over object security rights if the debtor defaults or bad credit. Second, difficulties in registration SKMH are: expensive and very short period of time. Advice writer, first, Should the parties, especially creditors to consider the use of SKMHT in terms of the debtor credit borrowing, second, Should the creditor to provide credit to borrowers is not the whole at once but gradually by the time credit has been agreed.Keywords: SKMHT - APHT - Credit Agreement
TINJAUAN YURIDIS KETENTUAN ABORSI PADA UNDANG – UNDANG NOMOR 36 TAHUN 2009 TENTANG KESEHATAN DIKAITKAN DENGAN PERLINDUNGAN HAK ASASI MANUSIA Putri, Annisya Rani; ', Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Medically, abortion is to stop and expend pregnancy outcomes from the womb before the fetus can live beyond the content. Talk about abortion is closely related to the protection of Human Rights because a woman has the right to her body and herself and is entitled to live reproduction life safely, But on the other hand, the fetus in the womb is also entitled to live and thrive. These two things are indeed conflicting because it involves two lives. The purpose of writing this thesis, namely; First, the applicable provisions in the implementation of the provisions of abortion in Act No. 39 of 2009 About Health with Act No. 39 of 1999 About Human Rights; Second, the provision of abortion in Health Law is contrary to Human Rights.This type of research is classified in normative law research. Because in this study the authors conducted legal research literature. Source of data used are primary data, secondary data, and tertiary data, data collection techniques in this study using the method of assessment literature or documentary studies.From the research there are three main issues that can be inferred. First, Abortion in legal concepts relates to the values of morality that make abortion not merely contrary to the positive law of the state, but also against ethical and moral values, abortion may be made against women with medical indications. Secondly, although abortion is permissible for rape victims it is not justified to have an abortion because it has bypassed the highest constitution of our country. Therefore for the rape victim should duly protect the weaker soul (in case of no medical indication to the victim). Suggestion, Author, First, For the victims of rape is given understanding and advice that the fetus is in the womb is a gift from God Almighty, refused his gift, not grateful pleasure is an act that is disliked by Allah SWT and is a great sin, Second, Cooperation and government support to rape victims to ensure their welfare, Third, Need to be expected in daily interaction, society to not directly hostile to women who are pregnant outside of marriage.Keywords: the provision of abortion- contravention-human rights
PERLINDUNGAN KONSUMEN TERHADAP PENERAPAN UKURAN TAKARAN TIMBANGAN DAN PERLENGKAPNNYA BERDASARKAN UNDANG-UNDANG NOMOR 2 TAHUN 1981 TENTANG METROLOGI LEGAL PADA PEDAGANG PASAR LIMAPULUH DI KOTA PEKANBARU Ibnu Rahmat Dio; Mardalena Hanifah; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Low awareness and knowledge society as consumers, make the consumer as the object of business activity for businesses to obtain maximize profits in various ways that are not selling well, including the manipulation of prices, selling a defective product as well as reducing measures and weights. The number of consumers who are victims of the reduction measures and weights by traders require governments to provide monitoring and protection. One of the government agencies that play an active role in overseeing businesses and provide consumer protection is the Department of Trade and Industry, through the agency of Legal Metrology Unit oversees a range of activities including business operators regarding the implementation of measures and weights traditional market traders. Consumer protection and supervision to prevent fraud by businesses to the public as consumers.The problems discussed in this thesis is how the protection of consumers conducted Department of Industry and Trade of Pekanbaru to the adoption by the market sellers UTTP Limapuluh and whether the constraints and how the efforts of the Department of Industry and Trade of the City of Pekanbaru to optimize consumer protection for the future.The method used in this research is a kind of sociological research. The nature of this research is descriptive and research done on Limapuluh Market and the Office of Industry and Trade of the City of Pekanbaru. Samples taken in this study as many as 46 people by using purposive sampling method. Source data in this study was obtained through primary and secondary data. Data collection techniques used is through questionnaires, interviews, and literature studies. While data analysis technique using qualitative descriptive analysis.The results showed that the efforts of the Department of Trade and Industry in providing consumer protection related to the implementation of tera UTTP is re-scheduled each year and provide counseling how to do good and honest trade related to the implementation of measures and weights to the market traders Limapuluh Pekanbaru. Constraints experienced by the Department of Industry and Trade is a lack of initiative merchants to make re tera and various characters trader adds to the difficulty to provide an appeal related to fairness in trade transactions. Effort will be made of Industry and Commerce for the future is to provide a measuring post repeated by providing a single scale for each of the traditional market that can be used by communities to reconsider groceries.Keywords: Consumer Protection, UTTP, Traders, Market
KEKUATAN PEMBUKTIAN SURAT KETERANGAN GANTI RUGI (SKGR) BERDASARKAN PERKARA PERDATA NOMOR 56/PDT/G/2009/PN.PBR Mentari Maharani Br Ginting; Maryati Bachtiar; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Land is a right which can not be separated from human needs. Need of land will be increasing in line with the increase in population, the number of business, and other needs related to the land. Land can be lawful if it has a certificate as proof of ownership of the land. It is quite important given the current set is a lot happening in the field of land registration issues especially those concerning land ownership papers. Issues to be discussed is the first, of how the strength of evidence a certificate of indemnity (SKGR) based on a civil case number 56 / PDT / G / 2009 / PN.PBR, and secondly whether consideration of the judge in deciding a civil case number 56 / PDT / G / 2009 / PN.PBR meets the origin of justice.The research method used a normative legal research. Data source of this research is secondary data, with data collection techniques using literature study. This study the authors use qualitative analysis, data were analyzed by not using statistic or math or another math statistics, but simply descriptive outline of the data that has been obtained by inference method.The results of this study can be concluded that the strength of evidence possessed by SKGR as a letter under the land. Basic consideration of the judge in deciding a civil case number 56 / PDT / G / 2009 / PN.PBR not meet the principle of justice because of the lawsuit clearly lacks the parties, object of the case are not clear or fuzzy, and the judge did not consider the issuance of certificates of land that has been through administration right or not so the judge ruled in favor of the party who has SKGR land than the land certificate. This study suggests to people who already have SKGR forward into the land certificate and judge should consider the rights of the parties so that there are no losers, especially in terms of land registration activities.Keywords: Verification – SKGR - Justice Ground – Judge Konsideration
KEDUDUKAN KREDITOR SEPARATIS DALAM KEPAILITAN SETELAH PUTUSAN MAHKAMAH KONSTITUSI NOMOR 67/PUU-XI/2013 DIKAITKAN DENGAN UNDANG-UNDANG NOMOR 37 TAHUN 2004 TENTANG KEPAILITAN DAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG Rasyid Anbari; Hayatul Ismi; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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The law guarantees granting separatist as most creditors creditors precedence against collateral objects (droit de preference), this rule adopted by the Bankruptcy Act and the PKPU entitles the creditor to execute his right as if the separatists do not occur bankruptcy and putting the creditor have the right preceded the separatists against the collateral objects. The Constitutional Court issued a Ruling Number 67/PUU-XII-2013 which interprets Article 95 employment law, thus placing laborers wage positions become higher than the separatist's creditors. The position of creditors became unclear after the separatist conflict between the Bankruptcy Act and the Constitutional Court's ruling against PKPU Number 67/PUU-XII-2013, this becomes an interesting study because it potentially gives rise to legal uncertainty especially in the practice of their implementation. The purpose of writing this thesis, namely; First, the position of creditors in bankruptcy separatists after the ruling of the Constitutional Court the number 67/PUU-XI/2013, second, the rule of law guarantees associated with the Kontitusi Court ruling Number 67/PUU-XI/2013 against the separatist's creditors.This type of research can be classified in types of juridical normative research, because in this study the authors use the study material libraries such as official documents, books for research, in this study, the data source used, the primary data, secondary data and data tertier a data-collecting technique in this study with the method of the study of librarianship or documentary studies.From the results of this research can be concluded, the first position of the separatist's creditors in bankruptcy after the ruling of the Constitutional Court the number 67/PUU-XI/2013 raises legal uncertainty in the process of bankruptcy because creditors rights recognized separatist forestalled in the Insolvency law. The Labour Bill and the tax bill is higher than what his creditors the creditors only in terms of separatist rebels of objects so that the right does not implement a guarantee fall within boedel bankrupt, if the creditor uses the separatists the right according to article 55 of the Act Bankruptcy then still get first position for the first payment. Second, the rule of law guarantees associated with the ruling of the Constitutional Court the number 67/PUU-XI/2013 will be contradictory because the separatists as the holder's creditors seeking material guarantees that the basic law has protected the guarantee that is the basis of droit de preference which gives precedence to position against the collateral objects. This dispute raises legal uncertainty related judicial guarantees in insolvency proceedings, the warranty becomes no longer meaningful because the intent of the holding of judicial guarantees is to give preference to the holder of the guaranteein payment of the debts of the debitor. Keywords: Breakaway-Creditors Bankruptcy-Wages Of Laborers
PENYIDIKAN TINDAK PIDANA PEMALSUAN SURAT AKTA JUAL BELI TANAH DI WILAYAH POLISI RESOR KOTA PEKANBARU Yohanes Frans; Erdianto '; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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The criminal act of forgery stipulated in Chapter XII Book II Criminal Code on forgery, the book lists that are included falsification only form of writings alone, including forgery under Article 263 paragraph (1) of the Criminal Code, which reads: "Whoever makes the letter false or forged which can cause something right, commitment or debt relief, or which is applied as proof of the thing with intent to use or get someone else to wear the letter as if it was true and not doctored, threatened that if the use can cause losses, because of forgery, with a maximum imprisonment of six years.As for the purpose of this study include: First, to know the process of investigation in uncovering the crime of counterfeiting Letter Deed of Sale and Purchase of Land in the area of police resort city of Pekanbaru, second, to determine the obstacles investigators in addressing the Crime of forgery Deed of Sale and Purchase of Land in the region police resort city of Pekanbaru, Third, to determine the investigators efforts in addressing the Crime of forgery Deed of Sale and Purchase of Land in the resort city of Pekanbaru police.This research is a sociological research that want to see the correlation between law and society. This research was conducted in the city of Pekanbaru Police Resort, both the population and the sample was also conducted in the city of Pekanbaru Police Resort. In this study the data source used, primary data and secondary data, the data collection techniques in this study with interviews, and a review of the literature.From the research problem there are three main things that can be inferred First, the implementation of the investigation in uncovering the crime of falsification of the Deed of Sale and Purchase of Land in the area of police resort city of Pekanbaru, Second, barriers to investigators in overcoming the crime of counterfeiting Letter Deed of Sale and Purchase of Land in the area of police Resort City Pekanbaru, Third, investigators efforts in addressing the crime of forgery of the Deed of Sale and Purchase of Land in the resort city of Pekanbaru Police. Suggestions Author, First, activity implementation investigation Police Pekanbaru City should be improved so that the investigation can be carried out quickly done, Second, should the City Police Pekanbaru should cooperate with relevant parties such as the National Land Agency of Pekanbaru and the investigator should be more assertive in dealing with criminal offenses of forgery Deed of Sale and Purchase of land, Third, should the type of letter should be reduced, because of the many types of land documents at this time would make it easier to manipulate the perpetrators of the land documents.Keywords: Crime and Forgery – Investigation
PARTISIPASI MASYARAKAT DALAM PEMBENTUKAN PERATURAN DAERAH DI KAUPATEN BENGKALIS TAHUN 2014 Pika Julianti; Dodi Haryono; Abdul Ghafur
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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This study entitled "Public Participation in Formation of Regional Regulation inBengkalis 2014." author's interest to do this research is that the author encounteredproblems that occur in Bengkalis, ie people who have never been involved eitherdirectly or indirectly in the process of lawmaking area. It is clearly not in accordancewith Article 96 of Law No. 12 of 2011 Concerning the Establishment RegulationLegislation, which states that "The public has the right to provide input orally and / orin writing referred to can be made through a public hearing, the working visit ,socialization and / or, seminar, workshops and / or discussion. "This study aims to determine the level of public participation in theestablishment of Regional Regulation in Bengkalis 2014, to determine the constraintsaffecting public participation in the establishment of local regulations in Bengkalis2014 and to identify efforts to be made so that these obstacles can be overcome so thatthe people of Bengkalis can be a participatory community. In order to achieve the goalsthat the authors wish, the author conducted research with sociological method, which isreviewing the existing situation in the field and then linked with the prevailinglegislation is done on location study using data collection tools ie by way of aninterview with the parties concerned , such as, Member of Provincial ParliamentBengkalis district, Bengkalis District Legal Secretariat and some societies in theBengkalis District. Meanwhile, judging from its nature, this research is descriptive, theresearch illustrates clearly and in detail and explain the realities in the field ofcommunity participation in the formation of local regulations in Bengkalis 2014.In this study the authors used data collection techniques such as interviews,questionnaires and literature study. Based on the problem formulation and discussionof the issues, the data analysis used by the author is by way of qualitative, that outlinesthe data generated in the form of a regular sentence, logically and effectively so as toprovide an explanation for the formulation of the author adopted. While the method ofthinking yangpenulis use in drawing conclusions is the deductive method. Deductivemethod is a way of thinking that draw a conclusion on matters of a general naturebecomes a declaration of a special nature. This can assist authors in conductingresearch on public participation in the establishment of local regulations in Bengkalis2014.Keywords: Public Participation, Local Regulation, Bengkalis.

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